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Justinian I · The Digest of Justinian §47.10.23.pr

Action for Injury for Entering Another's House to Summon

Passage 8025 of 9271 · Latin

Summary

According to Ofilius, cited by Paulus, a person who enters another's house against the owner's will is liable to an action for injury, even if the purpose of the entry was to summon them to court.

[PAULUS libro quarto ad edictum. ] §47.10.23.prQui in domum alienam inuito domino introiret, quamuis in ius uocat, actionem iniuriarum in eum competere Ofilius ait.
[PAULUS in the fourth book on the Edict] Ofilius says that an action for injury lies against one who enters another's house against the will of the owner, even if he does so to summon him to court.

Notes

  1. §47.10.23.prinuito domino — An ablative absolute construction consisting of the noun dominus and the adjective inuitus (with the participle of esse implied), meaning "against the will of the owner."
  2. §47.10.23.printroiret — Subjunctive imperfect in the relative clause Qui ... introiret. The main verb ait functions as a present or perfect, and the subjunctive is used because the clause is subordinate within an indirect statement.
  3. §47.10.23.prcompetere — Infinitive in the accusative-with-infinitive (A.C.I.) construction introduced by Ofilius ait, with the accusative actionem iniuriarum as its subject. In legal Latin, competere means "to be competent, to lie, to be available (of an action)."

Cite this passage

Justinian I, The Digest of Justinian §47.10.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.10.23.pr

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